Text · Amendment list
Suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste
Document ENVI-AM-790771 · COM(2025)0982 – 2025/0395(COD)
- Kind
- Amendment list ENVI-AM-790771
- Date
- 1 July 2026
- Committee
- Committee on the Environment, Climate and Food Safety
- Dossier
- 2025-0395
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- COM(2025)0982 – 2025/0395(COD)
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| Proposal for rejection | |
| The European Parliament rejects [the Commission proposal]. |
| Text proposed by the Commission | Amendment |
|---|---|
| Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste (Text with EEA relevance) | Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for packaging and packaging waste (Text with EEA relevance) |
| (This amendment applies throughout the text - any references to batteries and waste batteries should be deleted) |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the Battery Regulation are applicable since 18 February 2024 for new EPR schemes (and since 18 August 2025 for EPR schemes that were established before 4 July 2018). The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable. The reference to the Battery Regulation should therefore be deleted.
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The political guidelines for the Commission’s 2024-2029 term3 point to the goal of simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal. | deleted |
| 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen. |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The political guidelines for the Commission’s 2024-2029 term3point to the goal of simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal. | (1) The political guidelines for the Commission’s 2024-2029 term3point to the goal of simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions in order to reduce the administrative burden for businesses. |
| 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen. | 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) In its Communication entitled ‘A simpler and faster Europe: Communication on implementation and simplification’,4 the European Commission set out a vision for an implementation and simplification agenda that delivers fast and visible improvements for people and business on the ground. That requires more than an incremental approach and the Union is to take bold action to achieve that goal. The European Parliament, the Council, the Commission, the Member States’ authorities at all levels and stakeholders need to work together to streamline and simplify Union, national and regional rules and implement policies more effectively. | deleted |
| 4 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 February 2025, ‘A simpler and faster Europe: Communication on implementation and simplification’, COM/2025/47 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) In its Communication on a Strategy for the Single Market5 , the Commission identified as a barrier to the internal market that businesses face inconsistent national regulations which make it harder to sell, scale or move goods and services across borders. The Commission committed to focus on the ten most harmful barriers as a priority. The Communication identified certain features of extended producer responsibility schemes as one of the barriers most frequently reported by companies operating cross-border in the Union. While extended producer responsibility schemes are derived from Union legislation, a lack of uniformity of principles and requirements has led to a large diversity of extended producer responsibility schemes set up in Member States as well as to regulatory complexity and high administrative burden for companies. This Regulation is a first stepping stone to more profound simplification of the extended producer responsibility schemes in the area of waste, while the upcoming Circular Economy act should provide for further simplification. | deleted |
| 5 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The Single Market: our European home market in an uncertain world A Strategy for making the Single Market simple, seamless and strong’, COM(2025) 500 final. |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (3) In its Communication on a Strategy for the Single Market5, the Commission identified as a barrier to the internal market that businesses face inconsistent national regulations which make it harder to sell, scale or move goods and services across borders. The Commission committed to focus on the ten most harmful barriers as a priority. The Communication identified certain features of extended producer responsibility schemes as one of the barriers most frequently reported by companies operating cross-border in the Union. While extended producer responsibility schemes are derived from Union legislation, a lack of uniformity of principles and requirements has led to a large diversity of extended producer responsibility schemes set up in Member States as well as to regulatory complexity and high administrative burden for companies. This Regulation is a first stepping stone to more profound simplification of the extended producer responsibility schemes in the area of waste, while the upcoming Circular Economy act should provide for further simplification. | (3) In its Communication on a Strategy for the Single Market5, the Commission identified as a barrier to the internal market that businesses face inconsistent national regulations which make it harder to sell, scale or move goods and services across borders. The Commission committed to focus on the ten most harmful barriers as a priority. The Communication identified certain features of extended producer responsibility schemes as one of the barriers most frequently reported by companies operating cross-border in the Union. While extended producer responsibility schemes are derived from Union legislation, a lack of uniformity of principles and requirements has led to a large diversity of extended producer responsibility schemes set up in Member States as well as to regulatory complexity and high administrative burden for companies. This Regulation is a first stepping stone to more profound simplification of the extended producer responsibility schemes in the area of waste, while the upcoming Circular Economy act should provide for further simplification while also taking into account the specific circumstances in each Member State. |
| 5 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The Single Market: our European home market in an uncertain world A Strategy for making the Single Market simple, seamless and strong’, COM(2025) 500 final. | 5 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The Single Market: our European home market in an uncertain world A Strategy for making the Single Market simple, seamless and strong’, COM(2025) 500 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Extended producer responsibility schemes for batteries are already operational and functioning in many Member States. Any suspension or modification of related compliance obligations should only be undertaken with proper impact assessments to not risk undermining established financing and enforcement structures. By contrast, EPR systems for packaging and packaging waste are still in the process of being fully implemented or further developed across the Union. Therefore, targeted and proportionate transitional measures may be appropriate to facilitate market participation for micro enterprises without disrupting functioning systems. With this Regulation it is therefore appropriate to limit any temporary suspension of the obligation to appoint an authorised representative strictly to micro enterprises established in the Union and to product areas where EPR systems are not yet fully operational at Union level, namely packaging and packaged products, while maintaining existing requirements for sectors with established and functioning EPR frameworks. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Producers placing products on the market in several Member States are currently subject to divergent registration procedures, reporting formats and information requirements under extended producer responsibility schemes. Such fragmentation creates unnecessary administrative burdens and compliance costs and may hinder the proper functioning of the internal market. In order to support the free movement of goods while ensuring effective implementation and enforcement of extended producer responsibility obligations, Member States should facilitate the exchange of information concerning producer registrations, compliance status and enforcement actions. At the same time, the Union should encourage interoperable digital systems and common reporting requirements enabling producers to fulfil administrative obligations across the Union through simplified and harmonised procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The simplification measures introduced by this Regulation should be limited to those Union laws that have established the obligation to set up Extended Producer Responsibility schemes, but that were not yet required to be established by 10 December 2025. |
Suspending rules with regard to the appointment of authorised representatives for economic operators placing products on the market in a country in which they are not established in the context of EXISTING EPR schemes (such as for batteries) risks undermining the proper financing of EPR schemes, creating problems of enforcement, increasing the risk of free-riders and thus penalizing economic operators established in that country. It is not appropriate to suspend provisions of laws which are already fully applicable. It would only make things worse pending the adoption of a new system under the Circular Economy Act.
| Text proposed by the Commission | Amendment |
|---|---|
| (3b) The simplification measures introduced by this Regulation should remain temporary, pending the application of the forthcoming Circular Economy Act as announced in the Commission Work programme 2026. The Circular Economy Act is expected to establish a comprehensive, coherent and fair horizontal framework of the extended producer responsibilities, including on the obligation of appointing an authorised representative in Member States where a company is not established. This could be best achieved by either an EU-wide digital one-stop system, or a network of interoperable national systems with EU-wide coverage based on harmonised data formats. This Regulation should therefore cease to apply once that broader horizontal system becomes applicable in order to provide legal consistency. The scope of this Regulation should be without prejudice to the scope of the obligation of appointing an authorised representative under the Circular Economy Act. |
The duration of the suspension must be limited in time to until a revised system is applicable. The EP should seize the opportunity to express how the issue could/should be addressed in the context of the Circular Economy Act. In that context, it is important to stress that the scope of this suspensive act with regard to the actors concerned should not prejudice the scope of the obligation of appointing an authorised representative under the CEA.
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately in every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that producers are subject to the same rules in all Member States for appointing an authorised representative for extended producer responsibility. The currently fragmented legal framework for different products and the administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on such producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately in every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that producers are subject to the same rules in all Member States for appointing an authorised representative for extended producer responsibility. The currently fragmented legal framework for different products and the administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on such producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | (4) The administrative burden associated with the appointment of authorised representatives for extended producer responsibility obligations can be disproportionately burdensome for micro enterprises engaging in cross-border activities within the Union, due to their limited administrative and financial capacity. While micro enterprises represent by far the largest number of companies active on the Union market, they account for only a very small share of the overall volume of packaging made available on the market. A targeted and temporary suspension of the obligation to appoint an authorised representative for micro enterprises, provided that they only make limited amounts of packaging on the market in countries in which they are not established, should therefore contribute to reducing unnecessary administrative burdens where they are most significant, while preserving the obligation to appoint authorised representatives for larger companies such as small, medium and large enterprises, which in turn are responsible for more than 90% of the volume of packaging made available on the market. |
Micro companies account for more than 90% of companies making packaging available on the market by number, but only for 2-5% by volume. Small companies account for around 5% of companies making packaging available on the market by number, but with a volume of 8-15%. It would therefore be acceptable to temporarily exempt micro companies, but not small companies, as they account for an important volume yet a far lower number as compared to micro companies [Figures from AI-based research]. But the exemption for micro companies should also be subject to a tonnage threshold
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately in every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that producers are subject to the same rules in all Member States for appointing an authorised representative for extended producer responsibility. The currently fragmented legal framework for different products and the administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on such producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for micro enterprises, the obligation to appoint authorised representatives separately in every Member State where the producer places products on the market poses a significant challenge in terms of costs. Those micro-enterprises should be understood by reference to the most recent Union thresholds for micro-undertakings, namely undertakings which do not exceed at least two of the following three criteria: a balance-sheet total of EUR 450 000, net turnover of EUR 900 000 and an average number of 10 employees during the financial year, as defined in Directive 2013/34/EU, Article 3(1), as amended by Commission Delegated Directive (EU) 2023/2775, Article 1(1). The currently fragmented legal framework for different products and the administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States may hamper the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on such micro enterprises. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately in every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that producers are subject to the same rules in all Member States for appointing an authorised representative for extended producer responsibility. The currently fragmented legal framework for different products and the administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on such producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | (4) In particular, due to that lack of harmonisation, the fulfilment of the obligations related to the appointment of an authorised representative for extended producer responsibility may result in an unnecessary administrative and financial burden on micro and small-seized enterprises operating in multiple Member States where they are not established. With a view to ensuring equal conditions for producers established in the Union, it is important that producers are subject to the same rules in all Member States for appointing an authorised representative for extended producer responsibility. The currently fragmented legal framework for different products and the administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on such producers. To this effect, a targeted and temporary suspension of the obligations to appoint an authorised representative should contribute to reducing administrative burdens and compliance costs where they are most significant, in particular for micro and small -sized enterprises established in the Union, while maintaining appropriate safeguards to ensure traceability, effective enforcement and compliance with extended producer responsibility requirements. The Commission is currently reviewing the effectiveness of the obligation to appoint authorised representatives, its related administrative burden and the possible unintended barriers for the internal market as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review should support the identification of alternative solutions that are more effective, less burdensome and better adapted to facilitating cross-border economic activity within the Union. |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) Small and medium-sized enterprises, which are an essential part of the European economic fabric, are disproportionately impacted by the administrative obligations linked to extended producer responsibility, in particular due to their resources and production volumes. That administrative burden should be seen in light of an overall context that is particularly unfavourable to the competitiveness of our businesses and is caused primarily by the harmful standards of the Green Deal. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers, and reducing the administrative burden, only micro enterprises, as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council, among producers of packaging or packaged products (‘packaging producers’) should, on a temporary basis, be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. This allows those producers that are micro enterprises who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers that are micro enterprises who wish to not appoint an authorised representative for extended producer responsibility. At the same time, producers established outside the Union should be subject to the obligation to appoint an authorised representative to ensure effective enforcement of extended producer responsibility requirements, legal accountability, efficient market surveillance and a level playing field across the Union. |
The proposed exemption should remain strictly targeted and proportionate. Extended producer responsibility schemes for batteries are already operational and functioning in many Member States. Any suspension or modification of related compliance obligations should only be undertaken with proper impact assessments to not risk undermining established financing and enforcement structures. By contrast, EPR systems for textiles are still in the process of being fully implemented or further developed across the Union and therefore targeted and proportionate transitional measures may be appropriate to facilitate market participation for micro enterprises without disrupting functioning systems. While the administrative and compliance costs linked to the appointment of an authorised representative may represent a disproportionate burden for micro enterprises, this is generally not the case for bigger economic operators active in cross-border trade. It is therefore appropriate to limit any temporary suspension of the obligation to appoint an authorised representative strictly to micro enterprises established in the Union and to product areas where EPR systems are not yet fully operational at Union level.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers, and reducing the administrative burden, certain micro producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those micro producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for certain micro producers who wish to not appoint an authorised representative for extended producer responsibility. This should only be applicable to micro producers who only make available limited amounts of packaging or packaged products on the market of another Member State where they are not established. The Commission should be empowered to modify the tonnage limit by delegated act. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers established in the Union and reducing the administrative burden, micro and small battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for micro and small producers who wish to not appoint an authorised representative for extended producer responsibility. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers, and reducing the administrative burden, small and medium-sized battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended small and medium-sized producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers, and reducing the administrative burden, micro and small battery producers and producers of packaging or packaged products (‘packaging producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established, but the appointment should not be mandatory. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for micro and small producers who wish to not appoint an authorised representative for extended producer responsibility |
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The suspension of the obligation to appoint an authorised representative for producers established in the Union should remain temporary, pending the application of the forthcoming Circular Economy Act and should not lead to reduced traceability, enforcement capacity or compliance with extended producer responsibility. The Commission should use the period of suspension to prepare measures under the forthcoming Circular Economy Act aimed at improving the interoperability of national extended producer responsibility systems, facilitating cross-border compliance and strengthening Union-wide monitoring and enforcement, including through the assessment of alternative compliance, traceability and enforcement mechanisms. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. However, Member States should be required to ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | deleted |
| 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). | |
| 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. However, Member States should be required to ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be obligatory. Thus, Regulation (EU) 2025/40 of the European Parliament and of the Council6 should set out that Member States should provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time. Similarly, Regulation (EU) 2023/1542 of the European Parliament and of the Council7 should set out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should be turned into an obligation for those producers to appoint an authorised representative. |
| 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). | 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). |
| 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). | 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. However, Member States should be required to ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form, so as to ensure a level playing field with businesses established in the Union. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. |
| 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). | 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). |
| 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). | 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. However, Member States should be required to ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. |
| 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). | 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). |
| 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). | 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. However, Member States should be required to ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regard to battery producers and packaging producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. |
| 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). | 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). |
| 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). | 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035. | deleted |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the Battery Regulation are applicable since 18 February 2024 for new EPR schemes (and since 18 August 2025 for EPR schemes that were established before 4 July 2018). The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable. The reference to the Battery Regulation should therefore be deleted.
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035. | (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for small and medium-sized producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until the application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035. | (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035 or until the date of application of the [Circular Economy Act XXX], whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035. | (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should, for micro-enterprises as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council, be suspended until 31 December 2029, or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives, whichever is earlier . |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035. | (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended for certain micro producers until 1 January 2030 or the application of the [Circular Economy Act XXX], whichever is earlier . |
The limitation of the scope to micro enterprises should be explicitly included in the recital. A suspension until 2035 is excessive. A suspension should only be given until 2030 so as to put pressure on the Commission and on the co-legislators to deliver a new, fair and simple system in the context of the Circular Economy Act in time.
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035. | (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for small and medium-sized producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until the application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035. | (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035 or until the date of application of the [Circular Economy Act XXX], whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures with regard to the extended producer responsibility, as well as their conduct to the new rules. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures with regard to the extended producer responsibility, as well as their conduct to the new rules. | (9) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures with regard to the extended producer responsibility, as well as their conduct to the new rules. The simplification measures introduced by this Regulation should therefore remain temporary until the more comprehensive reform enters into application. The comprehensive reform should establish a harmonised framework of the extended producer responsibility system, by addressing the underlying causes of fragmentation through the introduction of harmonised definitions, common minimum requirements for EPR schemes, based on current best practice, harmonised fee structures, standardised reporting and data formats, and a Union wide digital one-stop shop for producer registration and compliance. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making packaging or packaged products available in another Member State, as regards micro enterprises as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council, serves as a preliminary measure to immediately alleviate burdens, where those burdens are disproportionate, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for certain micro packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for micro and small battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for those producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for small and medium-sized battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for small and medium-sized producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system in order to reduce the administrative burden for businesses. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Since the objectives of this Regulation, namely to provide flexibility to producers established in the Union as to whether they appoint an authorised representative for extended producer responsibility, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives, | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1 | deleted |
| Suspension of Article 56(3) of Regulation (EU) 2023/1542 | |
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | |
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the Battery Regulation are applicable since 18 February 2024 for new EPR schemes (and since 18 August 2025 for EPR schemes that were established before 4 July 2018). The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable. The reference to the Battery Regulation should therefore be deleted.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1 | deleted |
| Suspension of Article 56(3) of Regulation (EU) 2023/1542 | |
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | |
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended for micro and small-size producers established in the Union until 1 January 2035 or until the date of application of the [Circular Economy Act XXX], whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until the application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall apply only to producers which employ fewer than 250 people and which have an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million. |
This regulation should apply only to producers that can be classified as ‘small and medium-sized enterprises’ as defined in Article 2(1) and (2) of the Annex to Commission Recommendation 2003/361/EC.
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | As regards battery producers established in third countries, Member States shall require the appointment of an authorised representative for extended producer responsibility in order to ensure traceability and enforcement. |
| Text proposed by the Commission | Amendment |
|---|---|
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | As regards battery producers established in third countries, the appointment of an authorised representative for extended producer responsibility in the Member State where they make products available on the market shall be mandatory to ensure traceability and enforcement. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 2 | deleted |
| Suspension of Article 45(3) of Regulation (EU) 2025/40 | |
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | |
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended for micro enterprises as defined in Commission Recommendation 2003/361/EC until 1 January 2030, or the entry into force of the [circular economy act XXX], whichever is earlier, to the extent to which it applies to producers established in the Union. The suspension shall only be valid for micro enterprises for those countries in which they are not established, but in which they make less than 1 ton of packaging material, as such or as part of packaged products, available on the market per year. |
| The Commission may adopt delegated acts in accordance with Article 64 to amend this Regulation by modifying the tonnage threshold in the previous subparagraph. |
A suspension should only be given for microenterprises, and only until 2030 so as to put pressure on the Commission and on the co-legislators to deliver a new, fair and simple system in the context of the Circular Economy Act in time. As micro companies can also put significant amount of packaging materials on the market, a tonnage threshold should be set for this. Depending on the packaging material, current EPR fees for packaging materials vary between 20 to 450 Euro per ton. At the same time, costs for an authorised representative are between 200-400 €/year. It is thus reasonable to set a tonnage threshold at 1 ton/year (= cut-off where the annual cost for an authorised representative matches the median EPR fee). The Commission should be empowered to modify this threshold.
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | The application of Article 45(3) of Regulation (EU) 2025/40 shall, as regards micro enterprises as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council, be suspended until 31 December 2029, or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives, whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended for micro and small-size producers established in the Union until 1 January 2035 or until the date of application of the [Circular Economy Act XXX], whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until the application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall apply only to producers which employ fewer than 250 people and which have an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million. |
This regulation should apply only to producers that can be classified as ‘small and medium-sized enterprises’ as defined in Article 2(1) and (2) of the Annex to Commission Recommendation 2003/361/EC.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. | deleted |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. | Member States shall provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. | As regards packaging producers established in third countries, Member States may require the appointment of an authorised representative for the extended producer responsibility where packaging or packaged products are made available on their territory for the first time. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article2a | |
| Safeguards | |
| (1) The suspension provided for in Article 2 shall be without prejudice to all other obligations of producers under Union law, including registration, reporting, payment of financial contributions, provision of guarantees, participation in extended producer responsibility schemes, and compliance with waste-prevention, collection, reuse and recycling obligations. | |
| (2) The suspension shall not apply where a producer has been split or restructured with the purpose of benefitting from this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 2a | |
| This Regulation shall apply only to producers qualifying as ‘microenterprises’ or ‘small enterprises’ within the meaning of Annex I to Commission Recommendation 2003/361/EC, in Article 2(2) and (3) respectively. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3 | deleted |
| Entry into force | |
| This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. | |
| This Regulation shall be binding in its entirety and directly applicable in all Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| Entry into force | Entry into force and application |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| This regulation shall cease to apply on the date of application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall be binding in its entirety and directly applicable in all Member States. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall cease to apply from the date of application of the [Circular Economy Act XXX]. |
Connections
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 17 - 94 - Draft report Suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste”. Text, 1 July 2026. docId ENVI-AM-790771. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790771 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ENVI-AM-790771 (CC BY 4.0).
BibTeX
@misc{epw-text-envi-am-790771,
author = {{European Parliament}},
title = {{AMENDMENTS 17 - 94 - Draft report Suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste}},
year = {2026},
date = {2026-07-01},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790771}},
url = {https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790771},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ENVI-AM-790771. Data: EP Open Data API: document record (CC BY 4.0)}
}